I got a cellphone ticket now what do I do?

Fines and Penalties Related to Cell Phone Tickets

For your first cell phone ticket for talking on the phone, you will receive a $142+ fine, as well a mark on your permanent record. Your insurance rates will go up if you do not take traffic  school to get the incident removed from your driving record. Your second offense for this same violation will land you a whopping $190 fine, and additional penalties. For texting while driving, fines range from $159+ for your first offense, to $200+ or more for subsequent violations.

These fines can be substantial, but with the help of traffic school, you can get rid of the blemish from your dmv record!

 

Talking on the Phone While Driving

California law prohibits all drivers from using a handheld cell phone while operating a vehicle. However, the restrictions vary depending on the driver’s age.

Drivers 18 and Older

For the most part, drivers who are at least 18 years old are allowed to use hands-free phones while driving. These drivers can use Bluetooth or other earpieces, but cannot cover both ears. The law also allows drivers 18 years or older to use the speakerphone function of a wireless phone.

Drivers Younger Than 18

The law is more restrictive for drivers who are under the age of 18. These underage drivers cannot use a wireless telephone, pager, laptop, or any other electronic communication device (whether handheld or hands-free) to either speak or text while driving, period. The only exception is for using a wireless device in an emergency situation to call the police, fire, or medical personnel.

 

Exceptions to the Handheld Cell Phone Ban

A few exceptions apply to the general ban. Handheld cellphones may be used:

  • to make an emergency call to a law enforcement agency, medical provider, fire department, or other emergency service agency
  • by those operating authorized emergency vehicles
  • by those operating a school or transit bus and using the phone for work-related or emergency purposes
  • by those operating vehicles on private property

Although these exceptions are written into the law, they don’t come up very often.

 

Save on Auto Insurance After a Ticket

Tickets are unavoidable eventually you will get one, but don’t loose your discounts.  Start Traffic School Here.  A ticket stays on your record for three years, keeping you from getting good driver discount as much as it is one more thing to do and an extra cost it is very much worth it to choose the traffic school option.

Cellphone Ticket FAQ

Why is my ticket so much more then the fine?
The state and local counties add on to fines as a revenue source so your $20 ticket becomes $150. Then to take the traffic school option it will cost in additional $60. Some get tired of all of the up-charges and skip traffic school but then your auto-insurance company will charge you the most of all if you let it get on your record.
What is the base cellphone fine?
California Vehicle Code Sections 23123 and 23123.5 CVC provide the laws on a motorist’s use of cell phones and handheld devices while driving on California roadways. These infractions carry a base fine of

$20.00 for a first violation and
$50.00 for subsequent violations, in addition to court penalty assessments.

Can my passengers use a handheld phone?
This driving law doesn’t apply to passengers. They’re free to use handheld cellphones while traveling in a motor vehicle.
Is texting while driving illegal in California?

Yes. California Vehicle 23123.5 VC states:

A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.7

An “electronic wireless communications device” includes, but is not limited to:

  • a broadband personal communication device,
  • a handheld device or laptop computer, and
  • a pager.
Can I use a GPS while driving in California?

A driver can operate a mounted GPS while driving, provided that the driver can operate it with the motion of a single swipe or tap of his finger

How can I fight a Cellphone ticket?

There are three common defenses if a person is caught talking on a cellphone or texting while driving in California. These are:

  1. A motorist fits into an exception from the basic law.
  2. The police officer was mistaken in that the driver was talking on a cellphone or texting.
  3. The vehicle was not moving.
Can I ignore a ticket?

wo things happen if you ignore a cell phone or handheld device ticket. These are:

  1. You violate a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
  2. You may receive penalties for violating VC 40508.